Pod Safe
Podsafe
Podsafe is a term created in the podcasting community to refer to any work which, through its licensing, specifically allows the use of the work in podcasting, regardless of restrictions the same work might have in other realms. For example, a song may be legal to use in podcasts, but may need to be purchased or have royalties paid for over-the-air radio use, television use, and possibly even personal use.
The effective definition of "podsafe" for a given work depends entirely on the contract through which the podcaster licenses the work; there is no single podsafe license. The concept of podsafety, in its true form, greatly favors the artist and the profitability of the artist's product, in exchange for only very limited concessions to the podcasting community.
While some works (such as public domain works or works under some Creative Commons licenses) are inherently podsafe, the only actual requirement for a work to be podsafe is that any licensing requirements it has, if applicable, allow for the work's free use (typical broadcast use in its original form, if in no other form, depending on the specific license) in a podcast or web broadcast.
This gives specific favor to podcasts only, allowing the artist to impose more traditional constraints on everyone else. Podsafe licensing can, for example, continue to require non-podcast consumers to pay for the work, require royalties on derivative works, and profit significantly from the work's use in traditional radio, television, or film.
The licensor of any podsafe work must be legally capable of making it so. An artist cannot distribute his or her own work through a podsafe license if doing so would break any laws or breach any standing agreements (e.g. with the RIAA). The creator of a derivative work may also not claim this work podsafe without express permission from the original copyright holders. (PMN has more specific and stringent terms to this effect in its agreement.)
Another point of contention is that not all podcasts are non-commercial works; in fact, an increasing number of podcasts are taking on sponsors and looking to make a profit. In general, no significant distinction is yet made between podsafe for non-commercial use and podsafe for commercial use, but it could easily arise at any moment.
Podsafe is a term created in the podcasting community to refer to any work which, through its licensing, specifically allows the use of the work in podcasting, regardless of restrictions the same work might have in other realms. For example, a song may be legal to use in podcasts, but may need to be purchased or have royalties paid for over-the-air radio use, television use, and possibly even personal use.
The effective definition of "podsafe" for a given work depends entirely on the contract through which the podcaster licenses the work; there is no single podsafe license. The concept of podsafety, in its true form, greatly favors the artist and the profitability of the artist's product, in exchange for only very limited concessions to the podcasting community.
While some works (such as public domain works or works under some Creative Commons licenses) are inherently podsafe, the only actual requirement for a work to be podsafe is that any licensing requirements it has, if applicable, allow for the work's free use (typical broadcast use in its original form, if in no other form, depending on the specific license) in a podcast or web broadcast.
This gives specific favor to podcasts only, allowing the artist to impose more traditional constraints on everyone else. Podsafe licensing can, for example, continue to require non-podcast consumers to pay for the work, require royalties on derivative works, and profit significantly from the work's use in traditional radio, television, or film.
The licensor of any podsafe work must be legally capable of making it so. An artist cannot distribute his or her own work through a podsafe license if doing so would break any laws or breach any standing agreements (e.g. with the RIAA). The creator of a derivative work may also not claim this work podsafe without express permission from the original copyright holders. (PMN has more specific and stringent terms to this effect in its agreement.)
Another point of contention is that not all podcasts are non-commercial works; in fact, an increasing number of podcasts are taking on sponsors and looking to make a profit. In general, no significant distinction is yet made between podsafe for non-commercial use and podsafe for commercial use, but it could easily arise at any moment.
Royalty free
Royalty free
Royalty-free describes material (typically graphics such as stock photography and icons, but also sound such as music loop samples) that may be used for profit, without paying royalties. Royalty-free media is usually acquired for a 'one time only' fee, although public domain imagery and many works created under a copyleft license are also usable without paying royalties or an initial fee. In commercial design, publishing, advertising, web design, etc., images are used as a key to awaken interest in a text or to illustrate it, or may stand on their own. Picture editors rely heavily on the millions of images that are available from various sources. This saves time and the considerable expense of hiring photographers to shoot on location. It was once usual for a picture buyer to browse through a photo library’s stock or to have a selection delivered from which to choose. The Internet has drastically changed the way in which pictures are browsed; with today’s digital delivery methods, images may be searched for and acquired online.
The use of a stock photograph from a photo library may be also charged on a Rights Managed license basis for a specific, one-time use at a rate determined by a combination of factors: the time for which it is required, the purpose, the print run or circulation of the publication, territory, etc.
There is also "royalty-free" stock photography. This does not mean that an image may be used without payment. What it means is that a one-time fee or subscription gives the right to use an image in a publication according to the terms agreed upon, with no license fees being paid for further use.
Many true free-picture agencies exist today. Organizations such as this strive to make available pictures to the Internet community, charging nothing for them but with the expectation that users will publicise the provider in every way possible. In this case the images are free for non-commercial use.
There are other websites that offer free images. These images are not to be considered as "Public Domain" images. It is important to read the Terms of Usage, and to remember that according to the copyright laws, the author is the copyright owner. The author has the right to do anything with the image, including later on removing it from a free picture website and start selling it. In doubt contact the author to ask for written permission.
Royalty-free describes material (typically graphics such as stock photography and icons, but also sound such as music loop samples) that may be used for profit, without paying royalties. Royalty-free media is usually acquired for a 'one time only' fee, although public domain imagery and many works created under a copyleft license are also usable without paying royalties or an initial fee. In commercial design, publishing, advertising, web design, etc., images are used as a key to awaken interest in a text or to illustrate it, or may stand on their own. Picture editors rely heavily on the millions of images that are available from various sources. This saves time and the considerable expense of hiring photographers to shoot on location. It was once usual for a picture buyer to browse through a photo library’s stock or to have a selection delivered from which to choose. The Internet has drastically changed the way in which pictures are browsed; with today’s digital delivery methods, images may be searched for and acquired online.
The use of a stock photograph from a photo library may be also charged on a Rights Managed license basis for a specific, one-time use at a rate determined by a combination of factors: the time for which it is required, the purpose, the print run or circulation of the publication, territory, etc.
There is also "royalty-free" stock photography. This does not mean that an image may be used without payment. What it means is that a one-time fee or subscription gives the right to use an image in a publication according to the terms agreed upon, with no license fees being paid for further use.
Many true free-picture agencies exist today. Organizations such as this strive to make available pictures to the Internet community, charging nothing for them but with the expectation that users will publicise the provider in every way possible. In this case the images are free for non-commercial use.
There are other websites that offer free images. These images are not to be considered as "Public Domain" images. It is important to read the Terms of Usage, and to remember that according to the copyright laws, the author is the copyright owner. The author has the right to do anything with the image, including later on removing it from a free picture website and start selling it. In doubt contact the author to ask for written permission.
Royalties
Not to be confused with Royal family.
Royalties, sometimes simply referred to as 'royalty' is typically the sum of money paid to the proprietor or Licensor of Intellectual Property (IP) Rights for the benefits derived, or sought to be derived, by the user (the Licensee) through the exercise of such rights. Royalties may be paid for the use of copyright, patent, registered design, knowhow, trademark or a combination of them. However, the term has also a much wider application and can cover mining royalties, performance of art royalties, etc. The discussion here is limited to IP.
The express rights granted to the licensee, and the amounts to be paid to the Licensor for the exercise thereof, are set out in a documented License Agreement. The agreement specifies the method of calculating the royalties and the period over which the payments become applicable. Normally, the agreement is for a specific period after which it may be renewable for a further period, but equally, it may be a fixed-term licence, subsequent to the termination of which the licensee cannot continue to derive benefits from the rights originally granted. In the typical case, however, agreements are renewed until the licensee and the licensor consent to terminate the agreement. It is to be noted, however, that unless the license is exclusive, the licensor may have a number of co-existing licensees who may pay the same or different royalties for the licensed IP depending on the circumstances prevailing at the time each agreement was negotiated.
The royalty amount is calculated by a formula specified in the licence agreement which defines the royalty rate and the unit base on which it is to be applied. For example, the royalty rate (sometimes also simplified to royalty) may be stated to be 3% of the 'annual sales value' of the product sold by the licensee in a territory. The latter identification, the 'annual sales value' is then the 'unit base' for the calculation. Or,equally, the base may be x cents per kilogram of the licensed product manufactured or sold (the context being important). Or the royalty could be just stated as $ XXX per year without any elaboration of the base (seldom done).
The royalty rate applied is, generally, not an arbitrary determination of the licensor. It is the typical practice for both parties to the agreement to negotiate all factors which apply to the license, one component of which is its cost ie.the royalty. The length of the license period, the benefit to the licensee in the territory (or territories) over which the license rights apply, the 'permanence' and quality of the technology or rights conferred, the size of markets, the reputations of the licensor and licensee, the risk of licensing to the licensor and other related factors are considered (See Royalty Rate Assessment).
Royalties, sometimes simply referred to as 'royalty' is typically the sum of money paid to the proprietor or Licensor of Intellectual Property (IP) Rights for the benefits derived, or sought to be derived, by the user (the Licensee) through the exercise of such rights. Royalties may be paid for the use of copyright, patent, registered design, knowhow, trademark or a combination of them. However, the term has also a much wider application and can cover mining royalties, performance of art royalties, etc. The discussion here is limited to IP.
The express rights granted to the licensee, and the amounts to be paid to the Licensor for the exercise thereof, are set out in a documented License Agreement. The agreement specifies the method of calculating the royalties and the period over which the payments become applicable. Normally, the agreement is for a specific period after which it may be renewable for a further period, but equally, it may be a fixed-term licence, subsequent to the termination of which the licensee cannot continue to derive benefits from the rights originally granted. In the typical case, however, agreements are renewed until the licensee and the licensor consent to terminate the agreement. It is to be noted, however, that unless the license is exclusive, the licensor may have a number of co-existing licensees who may pay the same or different royalties for the licensed IP depending on the circumstances prevailing at the time each agreement was negotiated.
The royalty amount is calculated by a formula specified in the licence agreement which defines the royalty rate and the unit base on which it is to be applied. For example, the royalty rate (sometimes also simplified to royalty) may be stated to be 3% of the 'annual sales value' of the product sold by the licensee in a territory. The latter identification, the 'annual sales value' is then the 'unit base' for the calculation. Or,equally, the base may be x cents per kilogram of the licensed product manufactured or sold (the context being important). Or the royalty could be just stated as $ XXX per year without any elaboration of the base (seldom done).
The royalty rate applied is, generally, not an arbitrary determination of the licensor. It is the typical practice for both parties to the agreement to negotiate all factors which apply to the license, one component of which is its cost ie.the royalty. The length of the license period, the benefit to the licensee in the territory (or territories) over which the license rights apply, the 'permanence' and quality of the technology or rights conferred, the size of markets, the reputations of the licensor and licensee, the risk of licensing to the licensor and other related factors are considered (See Royalty Rate Assessment).
© 2008 BeatDock.com Royalty free music- Don Taylor music -Disclaimer-Privacy -Site map Contact BeatDock